Letter from John W. Thompson to Mississippi Governor John J. Pettus; August 29, 1861

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Letter from John W. Thompson to Mississippi Governor John J. Pettus; August 29, 1861

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People

Buchman, W. R.Cook, Unknown Harris, William Littleton, 1807-1868 Pettus, John Jones, 1813-1867 Smith, Green Smith, Melancthon Thompson, John W.

Events

Crime Crime--Murder Criminal Procedure--Pardon Military Events--Recruiting and enlistment

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Elbert County (Ga.)Georgia Ripley (Miss.)

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Page 1

[seal]

Ripley, Miss, August 29^th: 61

Hon
J. J. Pettus, Gov &c &c

Dear Sir: The attention given my acommodations of the Exercise of the pardoning power by you does not encourage me to trouble you again,—but a sense of duty to a poor fellow in the penitentiary does: I allude to Green Smith—I believe the Christian name is Green—I was one of the atto. appointed by the Court to defend Mr. Smith: The Evidence showed that probably Dept Smith, or another man did the killing All was drunk, Except perhaps the Dec^d—But the Evidence did not show beyond a reasonable doubt that Smith or the other man must have killed the Dec^d,—leaving it uncertain which yet if such had been proof the law is & was not neither ould have been convicted lawfully;— much less when the Evidence only showed that one or the other did probably kill the Dec^d—Sir I. Starkee's Ev P. 420 to the end of 1. vol.,—I don't recollect the exact page.

I will state to you on my responsibility as a lawyer that, in my [?], there was not full proof such alone as could have justified a conviction; for a man should not be convicted on probabilities however great the probabilities and of his guilt

Jno. W. Thompson

Aug 29^th 1861

Page 2

unless the probabilities are so great as [?] to a moral certainty of guilt, which they never can so long as there is any hypothesis of Dept's innocence, consistent with the facts prove—And there was a probability in this case that another might have done the killing. I will report here that ordinarily I am not in the habit of asking or desiring criminals to be pardoned—& family of Mr. Smith—They were men, in the State of Georgia of the highest Standing—Green Mr. Smith, an eminent lawyer of Ga. was the uncle of this Smith His Hon. W. L. Harris I presume must have known Col Smith of G^a—He lived in Elbert Co. Ga. & married a Miss Cook: I would be pleased you would see & converse with Judge Harris. I have [?] delaid applying for Smith's pardon—He wrote me often to do so but I thought it better for him & the country that I should wait for time to pass & al the proper moment to place his case in part—I have stated these facts truly,—and may add that Smith himself was, when free from intoxication, a gallant noble hearted young fellow: I hope, if he would Enlist in the Service, you may be able to feel and determine that it is right to pardon him. Very Respectfully

John W. Thompson

P. S.

Our Senator, W. R. Buchman et al, have many indeed, concern in my views, if what is right in the premises—

Mr. T.